What the Baldwin County Probate Court Covers
The Baldwin County Probate Office is led by Judge Harry M. D'Olive, Jr., who serves as the publicly elected Judge of Probate. The court is separate from the Circuit and District courts managed by Circuit Clerk Brenda Ganey. If your matter involves a deceased person's estate, guardianship of a minor or incapacitated adult, or a name change, you start at the Probate Court, not the Circuit Clerk's window.
The official Probate Office navigation lists these case types: wills and estates, guardianship and conservatorship, adoptions, involuntary commitment, name changes, and legitimation. The court also handles marriage certificate recording at the Bay Minette location and operates the Recording Division, which indexes and preserves permanent public documents such as real-estate deeds and mortgages. That recording function is separate from the probate litigation docket but sits under the same Judge of Probate.
A few case types get separate treatment because of confidentiality rules. Adoption files are restricted under Alabama adoption law. Involuntary commitment records involve psychiatric and medical information that is not open to the general public. Most estate, guardianship, conservatorship, name-change, and legitimation files are public, which means you can use the online portal or visit in person to review them. For all case types, probate filings go to the Probate Court, not the Circuit Clerk. This distinction matters if you are trying to locate a specific record or file a new case.
Note: Marriage certificate recording at Baldwin County Probate is handled only at the Bay Minette location; all other office locations serve motor vehicle licensing, recording, and related functions.
Baldwin County Probate Terms Defined
Probate filings use specific legal terms that appear throughout case documents and the DuProcess search results. The definitions below cover the most common ones you will see in Baldwin County probate records.
- Testator
- The person who made and signed a will. When a testator dies, the will is submitted to probate court for validation. The testator's name typically appears as the primary party in a will-probate case.
- Executor (or Personal Representative)
- The person or institution named in the will to carry out the testator's instructions, pay debts and taxes, and distribute property to beneficiaries. Alabama now often uses the term "personal representative" in statute but executor appears in older documents.
- Intestate
- Dying without a valid will. When a person dies intestate, Alabama law determines who inherits through the state's descent and distribution statutes. Baldwin Probate opens an administration case and appoints an administrator to handle the estate.
- Letters Testamentary
- A document issued by the probate court that authorizes the executor to act on behalf of the estate. Banks, title companies, and other institutions typically require original letters testamentary before releasing estate assets.
- Letters of Administration
- Similar to letters testamentary but issued when there is no will or when the named executor cannot serve. The Baldwin Probate filing fee for letters of administration is $68.00.
- Guardianship
- A probate court appointment giving one person authority to make personal-care decisions for a minor child or an incapacitated adult. Guardianship covers day-to-day decisions about health, housing, and welfare. The filing fee in Baldwin County is $30.00.
- Conservatorship
- A probate court appointment giving one person authority to manage the financial affairs and property of a person who cannot do so independently. Conservatorship covers money and assets. The Baldwin filing fee is $40.00; a combined guardianship and conservatorship case is also $40.00.
- Bond
- A financial guarantee required of personal representatives, administrators, and conservators in many Baldwin probate cases. The bond amount is set based on the value of personal property in the estate plus an additional percentage, and it protects beneficiaries if the representative mismanages assets.
- Inventory
- A formal list of the deceased person's assets filed with the court after letters are issued. Baldwin County Probate requires an inventory within two months unless the will specifically exempts the personal representative from that duty.
- Settlement
- The final accounting and distribution of an estate, submitted to the probate court after debts are paid and remaining assets are distributed. A final settlement closes the estate file. Baldwin Probate charges no fee if settlement papers are 10 pages or fewer; papers over 10 pages incur a per-page fee plus data processing and archive fees.
How to Search Baldwin County Probate Records
The official search tool for Baldwin County probate records is the Probate Court DuProcess iQuery. Access is free. You do not need an account or subscription, and there is no per-search fee. The portal covers cases in the DuProcess system, which includes a broad range of current and recent Baldwin Probate matters.
Start by entering at least a last name. First and middle name fields narrow results when a common name returns multiple matches. If you know the case number from a prior search or a court notice, enter it directly in the Case Number field to pull up the specific file. The Case Type dropdown lets you filter by matter type, which is useful when you are researching a particular category such as name changes or will probates. Once results appear, click through to the case detail pane, which shows file date, judge, status, related parties, case dockets, court events, and payment information.
Older records from before the DuProcess era may not appear online. For cases from the late 1800s through 1944, researchers should contact Baldwin County Archives, which holds a Probate Court collection from 1889 to 1944. For very recent cases that may not yet be indexed, call the Probate call center or visit the Bay Minette office in person.
The screenshot below shows the official Probate Office landing page. The site lists all divisions and service locations.
Probate DuProcess Search Fields in Baldwin County
The DuProcess iQuery interface is straightforward. The table below lists each field and button you will see when you open the search page. None of the fields is strictly required, but entering at least a last name gives usable results. Using only a case number returns a single case directly.
| Field / Button | Type | Notes |
|---|---|---|
| Last Name | Text | Primary party or decedent surname. Start here. |
| First Name | Text | Narrows results when last name returns many matches. |
| Middle Name | Text | Optional; useful for common names. |
| Case Type | Dropdown | Filter by matter type (will, guardianship, name change, etc.). |
| Case Number | Text | Direct lookup if you have the official probate case number. |
| Search Records | Button | Runs the search after fields are filled. |
| Clear Search | Button | Resets all fields to start a new search. |
After a search runs, click any result row to open the case detail pane. That pane includes case number, file date, case type, file action, judge, case status, status date, assigned user, related parties, charges, case dockets, court events, payments, assessments, sentence, bonds, and warrants. Bond and warrant sections appear when applicable to the case type.
Baldwin County Probate Office Locations
Baldwin County Probate operates four service locations spread across the county. All four are open Monday through Friday, 8:00 a.m. to 4:30 p.m. Plan for longer wait times between 11:00 a.m. and 1:30 p.m. The office strongly encourages appointments for licensing transactions; walk-ins are accepted but waits can be longer. Bay Minette handles probate court filings, marriage certificate recording, and certified copy requests. The other three locations handle motor vehicle licensing, recording, and related services.
Probate Court / Bay Minette (Main)
220 Courthouse Square
PO Box 459
Bay Minette, AL 36507
251-937-0260
Mon-Fri 8:00 a.m. - 4:30 p.m.
Probate / Fairhope Satellite
1100 Fairhope Avenue
Fairhope, AL 36532
251-990-4645
Mon-Fri 8:00 a.m. - 4:30 p.m.
Probate / Foley Satellite (Call Center)
201 East Section Avenue
Foley, AL 36535
251-972-6845
Mon-Fri 8:00 a.m. - 4:30 p.m.
Probate / Robertsdale (Central Annex)
22251 Palmer Street
Robertsdale, AL 36567
251-970-4098
Mon-Fri 8:00 a.m. - 4:30 p.m.
The Foley office houses the Probate call center. If you are unsure which office handles your matter, call any of the four numbers above and staff can direct you. The Robertsdale Central Annex location underwent extensive renovations in 2025 and is now open at 22251 Palmer Street.
Baldwin County Probate Filing Fees
The official probate filing-fee page lists fees for each case type. Most are flat amounts, but will-probate fees depend on the number of pages in the will. Pay close attention to the page count when preparing to file a will because each page over five adds $3.00 to the base fee. The table below reflects the current schedule.
| Filing Type | Fee |
|---|---|
| Adoption | $96.00 |
| Guardianship | $30.00 |
| Conservatorship | $40.00 |
| Guardianship and Conservatorship (combined) | $40.00 |
| Legitimation | $25.00 |
| Name Change | $25.00 |
| Probate of Will (5 pages or fewer) | $58.00 |
| Each additional page over 5 pages in will or codicil | $3.00 per page |
| Letters of Administration with Will Annexed | $68.00 |
| Letters of Administration (no will) | $68.00 |
| File a Claim Against an Estate | $3.00 |
These fees cover the filing only. Certified copies of probate documents have separate charges. If you need a certified copy of a marriage certificate recorded by Baldwin Probate, that costs $3.00 per copy. Settlement papers of 10 pages or fewer carry no additional charge; pages over 10 add $3.00 per page plus a $5.00 data processing fee and a $5.00 archive fee.
Probate of a Will in Baldwin County
To probate a will in Baldwin County, you file the original will along with a petition, any required consents from heirs, and a certified death certificate. The base filing fee is $58.00 when the will is five pages or fewer, there are no minor or incapacitated heirs, and all heirs at law provide consent. Longer wills add $3.00 for each page above five, counting only the will pages, not attached exhibits.
After the court accepts the will and issues letters testamentary, the personal representative must file an inventory of the estate within two months unless the will specifically exempts that requirement. The inventory lists all probate assets and their estimated values at the date of death. If any heirs are minors or legally incapacitated, the Probate Court sets a hearing rather than approving the matter by consent. A hearing is also required when not all heirs at law have signed their consents.
For wills from other states or countries, Baldwin Probate handles ancillary administration. You file authenticated copies of the foreign will, the petition to admit it, the order admitting the will, and the letters testamentary from the original jurisdiction. The filing fee follows the same five-page baseline rule. Notice to creditors must be published if the court issues ancillary letters. If the estate involves a surviving spouse who did not sign the will, Alabama's elective share rights may require separate proceedings; an attorney familiar with Alabama probate law can guide those situations.
Administration Without a Will in Baldwin County
When a person dies without a valid will, Baldwin Probate opens an administration case. The person seeking to administer the estate files a petition, a bond for the personal property value plus ten percent, and a certified death certificate. The filing fee is $68.00. Alabama law sets the priority order for who may petition for letters of administration, starting with the surviving spouse, then adult children, and so on through the statutory hierarchy.
Two situations trigger a required hearing even in straightforward intestate cases. First, if the petitioner claims to be a common-law spouse, the court holds a hearing to verify that status before issuing letters. Second, if more than one person files competing petitions for letters of administration, the court holds a hearing to resolve the dispute. In all other cases where the petition and documents are complete, the court can act without a formal hearing.
Once letters are issued, the administrator must file an inventory within two months. The estate then follows the same process as a testate estate: paying valid creditor claims, managing estate assets, filing accountings as needed, and ultimately filing a final settlement. Creditors can file a claim against the estate using Baldwin Probate's claim form, which costs $3.00 to file.
Note: Alabama intestate succession rules govern who inherits when there is no will, and the order of heirs is set by statute, not by informal family agreements made outside of court.
Guardianship, Conservatorship, and Name Change Filings in Baldwin County
Guardianship and conservatorship cases are separate filings, though Baldwin Probate offers a combined filing option for $40.00 when both are needed for the same person. A guardianship gives the appointed guardian authority over an individual's personal-care decisions, such as medical choices, housing, and daily welfare. A conservatorship gives the appointed conservator control over the person's financial matters. Both require court approval and ongoing court supervision.
Name change petitions in Baldwin County are filed with the Probate Court for a $25.00 fee. The petition must state the current legal name, the requested new name, and the reason for the change. Most adult name changes are straightforward; name changes for minors typically require consent from parents or a hearing. After the Probate Court enters an order granting the name change, you can use a certified copy of that order to update state and federal records.
Legitimation petitions establish the legal relationship between a father and a child born outside of marriage. Baldwin Probate handles these for a $25.00 filing fee. Like name changes, legitimation requires a petition setting out the facts and a court order. Attorneys often handle guardianship, conservatorship, and legitimation matters because the filings involve specific legal standards and reporting requirements that continue after the case opens.
- Guardianship petition: identifies the ward and the proposed guardian; describes the basis for incapacity or minor status
- Conservatorship petition: lists the person's property and explains why management by another party is needed
- Bond: required in many conservatorship cases to protect the ward's assets
- Inventory: conservators must report assets to the court after appointment
- Annual accountings: ongoing oversight of how the conservator manages assets
- Court hearings: required when the proposed ward contests the petition or when other disputes arise
Historic Probate Records in Baldwin County
Baldwin County has unusually deep court archives. The county itself was created by the Mississippi Territorial Legislature on December 21, 1809, nearly ten years before Alabama became a state. That means probate records stretch back more than two centuries of county history. The DuProcess portal covers current and recent cases, but researchers looking further back should contact Baldwin County Archives at 305 East 2nd Street, Bay Minette, AL 36507, phone (251) 580-1897.
The Archives holds a formal Probate Court collection from 1889 to 1944. The collection guide describes fee books, land-court-related assessments and supplements, Probate Court case index books, and miscellaneous documents from that period. The collection carries no access restrictions; any researcher can use it. The Archives research page links to digital collections, online historic court cases, the PastPerfect archive catalog, and a newspaper index, which together make Baldwin Archives a strong starting point for genealogy, property-chain research, or historical legal-history projects.
For probate matters between roughly 1944 and the DuProcess era, researchers may need to visit the Probate Office in person or contact Archives to determine which physical records exist and where they are stored. Paper files from intervening decades are not fully digitized. If you are tracing an estate that involved real property, the Recording Division's indexed land records may also provide useful documentation of deeds, mortgages, and related transfers recorded through Probate.
Restricted Baldwin County Probate Records
Not all Baldwin County probate records are open to the public. Three main categories carry access restrictions. Adoption records are confidential under Alabama law. The case may appear in search results in a limited form, but the actual adoption file is sealed. Adult adoptees seeking access to original birth records have a separate process through the Alabama Department of Public Health, not through Probate Court public access.
Involuntary commitment cases involve psychiatric and medical information protected by statute and court rules. Baldwin Probate handles these civil commitment matters, but the files are not available for general public inspection. Access may be available to the individual subject of the case, their legal representative, or specific agencies by court order.
Some guardianship files contain medical evaluations and personal health information about the ward. Courts may restrict portions of those files under Alabama court-record privacy rules. When a case is sealed or access is limited by court order, the DuProcess portal may show minimal case information or may not return results at all. If you believe a record exists but cannot locate it online, contact the Probate Office directly. Staff can confirm whether a case exists and advise on the access procedures that apply to that specific case type.